B.N. Sarma, J. - (1.) THESE two appeals, namely, M.A.(F) 12 of 1968 and M.A.(F) 23 of 1968 have arisen out of the order of the Motor Accident Claims Tribunal at Tezpur dated 30.1.68 passed in Claim case No. 6 of 1965 instituted on an application filed by Mrs. Binu Rani Ao who has been arrayed as Respondent No. 1 in both the appeals.
(2.) IN a collision between two vehicles a jeep No. ASK 2851 owned by M/s Assam Corporation (hereinafter referred to as the Corporation), a registered partnership firm and a military vehicle No. QC 2453 owned by the Union of India (UOI), that took place at Dekargaon a place at a distance of about 4 1/2 miles from Tezpur town on 14.2.65 at about 6 P.M. Mrs. Binu Rani Ao who was a gratuitous passenger in the jeep received serious injurises as a result of which she had to be hospitalised for a period of one year nine months and has been crippled for life. The injured filed an application under Section 110 -A of the Motor Vehicles Act before the Claims Tribunal at Tazpur in April, 1965 against the Corporation and the Union of India (UOI) claiming a sum of Rs. 75,000/ - as compensation. The Respondent No. 4 (in both the appeals) namely, M/s Hindusthan General Insurance Society Ltd., the insurer of the jeep was also impleaded in the case. The claim was resisted by all the opposite parties on various grounds. After hearing the parties and having made a local inspection of the spot where the accident took place, the learned Tribunal held that the accident took place mainly due to the negligence of the driver of the military vehicle, though the driver of the jeep was also partially responsible. So far as the Insurance Company is concerned, the Tribunal held that the injured being an occupant of the vehicle, namely, the jeep cannot be treated as a third party and as such the Company is not liable to pay any compensation except a reasonable sum not exceeding Rs. 300/ - as medical expenses incurred by the claimant. He assessed the compensation for the injuries sustained by the claimant at Rs. 30,000/ - and by his award directed the Union of the India to pay Rs. 20,000/ - and the Corporation to pay Rs. 10,000 to the claimant. The Insurance Company was also directed to pay Rs. 300/ - to the claimant as indicated above. Being aggrieved by the award of the Tribunal, the Corporation has filed M.A.(F) 12 of 1968 and the Union of India (UOI) has filed M.A.(F) 23 of 1968 under Section 110D of the Act. No appeal has been filed by the claimant Binu Rani or the Insurance Company. Mrs. Binu Rani Ao and the Insurance Company entered appearance in the appeal through their respective counsel, namely, Mr. B.M. Goswami and Mr. K.P. Sen and resisted the appeals.
(3.) THERE is no dispute about the fact that there was a collision between the jeep No. ASK 2851 owned by the Corporation and a Military vehicle No. QC 2453 owned by the Union and that the Respondent No. 1 Binu Rani Ao received serious injuries as a result of the said collision resulting in her permanent disablement. On the basis of the submissions made before us by the learned Counsel of the parties the points which have emerged in the appeals for our determination are: - (1) Whether the claim against the Union of India (UOI) is barred by limitation? (2) Whether the accident took place due to negligence of the driver of the jeep belonging to the Corporation or of the driver of the Military vehicle or of both? (3) Whether the amount of compensation as assessed by the Tribunal is excessive? (4) Whether the Insurance Company (Respondent No. 3) can be made liable under the terms and conditions of the policy Ext. to pay such compensation which is payable by the insured, namely, the Corporation? and (5) Whether in the absence of any appeals by the claimant against the award of a Tribunal any award can be made against the Insurance Company now?;